India
Supreme Court Again Examines Constitutional Validity of Polygamy
The Supreme Court has sought the Centre’s response on a petition challenging the constitutional validity of polygamy, and asked it to consider legislative steps to abolish the practice for all citizens. The petition also seeks to treat polygamy as a criminal offence under the Bharatiya Nyaya Sanhita.
The Supreme Court is once again examining polygamy, following a petition that challenges its constitutional status. The court has sought the Centre’s response and asked it to consider taking suitable legislative steps to abolish the practice for all citizens, irrespective of religion.
The petition was filed by five activists. It seeks to have polygamy treated as a criminal offence under Section 82 of the Bharatiya Nyaya Sanhita. That section currently applies to non-Muslims and provides for punishment of up to seven years for marrying another person while an existing marriage is still in force.
The petitioners also sought annulment of the exemptions granted under Muslim Personal Law. The court’s move revives a longstanding legal debate over the practice and its treatment under different personal laws in India.
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